Author Archives: Deborah Elkins

The Court of Appeals says a trial court did not err in awarding mother sole legal and physical custody of a couple’s daughter and in prohibiting the father from attending the child’s gymnastic practices and ordering the child not to ...

April 12, 2017Comments Off on Grandparents Had No ‘Continuous Relationship’

A circuit court did not err by dismissing custody petitions filed by the maternal grandparents of the young children removed from the parental home and placed with foster parents. The grandparents waived their challenge to the circuit court’s decision regarding ...

April 12, 2017Comments Off on Restitution Order Vacated for Uncashed Money Orders

The Court of Appeals affirms defendant’s conviction for embezzlement for selling money orders without collecting the necessary cash payments at the convenience store where she worked, but the court vacates the portion of the sentencing order requiring her to pay ...

April 12, 2017Comments Off on Conviction Based on Exposure to Unsanitary Conditions

A defendant cannot overturn her conviction of contributing to the delinquency of a minor under Va. Code § 18.2-371 with a claim that the commonwealth failed to prove that the child in question was exposed to the unsanitary conditions at ...

April 12, 2017Comments Off on Claimant Not Eligible for COLA Supplement

The Court of Appeals affirms a commission decision denying a workers’ comp claimant a cost of living adjustment under Va. Code § 65.2-709, as claimant already is receiving 100 percent of her pre-injury average weekly wage. Entitlement to COLA supplements ...

April 12, 2017Comments Off on No Collateral Attack on Pornography Ban Condition

A defendant who failed to challenge or appeal a probation condition set by his probation officer, prohibiting him from viewing or possessing pornography, cannot collaterally attack that condition at a subsequent probation revocation hearing based on a violation of that ...

April 12, 2017Comments Off on Custody Change OK’d After Visitation Limits

A trial court did not abuse its discretion in awarding joint legal custody and primary physical custody of a couple’s two children to the mother, after the father restricted mother’s visitation to supervised visitation with his grandparents; the Court of ...

April 12, 2017Comments Off on No Felony Child Neglect Based Solely on DUI

The Court of Appeals reverses a mother’s conviction of felony child endangerment based on her arrest for DUI when a breathalyzer test revealed a BAC of .097 percent after the vehicle she was driving with her toddler daughter in the ...

April 12, 2017Comments Off on Gang Members Cannot Overturn Convictions

A Charlottesville U.S. District Court denies motions for judgment of acquittal filed by two codefendants and members of the 99 Goon Syndikate gang convicted of various racketeering charges, including conspiracy to participate in a racketeering criminal enterprises associated with the ...

April 12, 2017Comments Off on No Loan Modification Contract from Agent Emails

A Charlottesville U.S. District Court grants Freddie Mac’s motion to dismiss a homeowners’ suit alleging plaintiffs had a valid and enforceable loan modification agreement that defendant breached when it foreclosed on their home and evicted them. Plaintiffs argue their Hardship ...